VICTIM S BILL OF RIGHTS

VICTIM S BILL OF RIGHTS PowerPoint PPT Presentation


  • 187 Views
  • Updated On :
  • Presentation posted in: General

PROPOSITION 9. THREE MAIN SECTIONSSection 4 ? Victim's Bill of RightsAmends Article 1, Section 28 of the California ConstitutionSection 5 ? Victim's Rights in Parole HearingsAmends Penal Code sections 3041.5, 3043, 3044, relating to Parole Revocation ProceedingsSection 6 ? Notice of Victim's Bill of RightsAdds section 679.026 re: Notice of Victim's Bill of Rights.

Download Presentation

VICTIM S BILL OF RIGHTS

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


1. VICTIM’S BILL OF RIGHTS / PROPOSITION 9 PLACER COUNTY DISTRICT ATTORNEY’S OFFICE Proposition 9. Marsy’ Law Marsy – was a 21 year old student at UCSB, my alma matter, killed in 1983 by ex-boyfriend, who threatened suicide and then shot her instead; parents horrified to run into him at the grocery store after he was arrested for her murder – they were given no notice of him bailing out. After conviction, parole hearings of murderer continued to torture family, mother had heart attack after one hearing, lived with constant anxiety that would be released Parents upon her death became founding members of Justice for Homicide Victims, created 24 hour hotline for victims; family felt as if they were victimized again thru the criminal justice process, initiative inspired by many victims who feel that they lack even basic rightsProposition 9. Marsy’ Law Marsy – was a 21 year old student at UCSB, my alma matter, killed in 1983 by ex-boyfriend, who threatened suicide and then shot her instead; parents horrified to run into him at the grocery store after he was arrested for her murder – they were given no notice of him bailing out. After conviction, parole hearings of murderer continued to torture family, mother had heart attack after one hearing, lived with constant anxiety that would be released Parents upon her death became founding members of Justice for Homicide Victims, created 24 hour hotline for victims; family felt as if they were victimized again thru the criminal justice process, initiative inspired by many victims who feel that they lack even basic rights

2. PROPOSITION 9 THREE MAIN SECTIONS Section 4 – Victim’s Bill of Rights Amends Article 1, Section 28 of the California Constitution Section 5 – Victim’s Rights in Parole Hearings Amends Penal Code sections 3041.5, 3043, 3044, relating to Parole Revocation Proceedings Section 6 – Notice of Victim’s Bill of Rights Adds section 679.026 re: Notice of Victim’s Bill of Rights We are going spend the most time talking about Section 4, Victim’s bill of rights Big part of selling point for initiative was changes in parole process, which had provided for too many parole hearings, i.e. 2 Helther Skelter Manson defendants had 38 hearing ins 30 years Early release of prisonersWe are going spend the most time talking about Section 4, Victim’s bill of rights Big part of selling point for initiative was changes in parole process, which had provided for too many parole hearings, i.e. 2 Helther Skelter Manson defendants had 38 hearing ins 30 years Early release of prisoners

3. Findings and Declarations Section 28(a) Cal. Const. Criminal activity has a serious impact on citizens of California. The rights of victims and their families are a subject of grave statewide concern. Victims of crimes are entitled to have the criminal justice system view criminal acts as serious threats to the safety and welfare of the people of California. The enactment of comprehensive provisions and laws ensuring a bill of rights for victims of crime, including safeguards in the criminal justice system fully protecting those rights and ensuring that crime victims are treated with respect and dignity, is a matter of high public importance. . . .

4. Findings and Declarations (cont.) The rights of victims pervade the criminal justice system. These rights include personally held and enforceable rights . . . The rights of victims . . . are enforceable through the enactment of laws and through good faith efforts and actions of . . . publicly employed officials. These rights encompass the expectation shared with all of the people in the state of California that persons who commit felonious acts causing injury to innocent victims will be appropriately and thoroughly investigated, appropriately detained in custody, brought before the courts of California even if arrested outside the state, tried by courts in a timely manner, sentenced and sufficiently punished so that the public safety is encouraged as a goal of highest importance.

5. VICTIM’S BILL OF RIGHTS Article 1, Section 28 of the California Constitution 17 separate rights enforceable (b)(1) – (17) Doesn’t affect other more expansive victim’s rights already in place (d) Note that now these rights are constitutional in dimension, doesn’t take away statutory rights, but places them in greater importance, goes beyond the previous Prop 8 Victim’s rights initiative of 1982 Note, PDs may argue that this initiative constitutes a revision of the Cal Constitution, instead of just an amendment, because it gives victims enforceable rights, and may challenge constitutionality; problematic to assign rights to a person assuming true that they are a victim at all, when that has not been proven, before proof that a crime has occurred; PD thinks there will be mini-trials to determine if real victims, and whether crime did occurNote that now these rights are constitutional in dimension, doesn’t take away statutory rights, but places them in greater importance, goes beyond the previous Prop 8 Victim’s rights initiative of 1982 Note, PDs may argue that this initiative constitutes a revision of the Cal Constitution, instead of just an amendment, because it gives victims enforceable rights, and may challenge constitutionality; problematic to assign rights to a person assuming true that they are a victim at all, when that has not been proven, before proof that a crime has occurred; PD thinks there will be mini-trials to determine if real victims, and whether crime did occur

6. VICTIM’S RIGHTS Rights enumerated in 679.02 should be honored in a manner no less vigorous than the protection afforded criminal defendants.Rights enumerated in 679.02 should be honored in a manner no less vigorous than the protection afforded criminal defendants.

7. VICTIM’S BILL OF RIGHTS May be enforceable by victim, attorney for victim, lawful representative, or prosecuting attorney upon request; and court shall act promptly on request (c)(1); Does not create any cause of action for failure to enforce (c)(2), but we are obligated to use good faith efforts (a)(4) People v. Culbertson (1984) D convicted of battery, sentenced without notice to victims, people and victim petition that court sentenced on wrong assumption that victim did not want to attend sentencing Court held that there were no procedures to enforce duty of notification, or remedies for failure, thus court has no authority to provide relief People v. Culbertson (1984) D convicted of battery, sentenced without notice to victims, people and victim petition that court sentenced on wrong assumption that victim did not want to attend sentencing Court held that there were no procedures to enforce duty of notification, or remedies for failure, thus court has no authority to provide relief

8. DUTY OF A PROSECUTOR Under B&P 6068(a), we have a duty to support the constitutions and laws of the US and California A prosecutor “is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that just shall be done. (Berger v. US (1935) 295 US 78, 88; cited in People v. Hill 17 Cal.4th 800.) People v. Culbertson (1984) D convicted of battery, sentenced without notice to victims, people and victim petition that court sentenced on wrong assumption that victim did not want to attend sentencing Court held that there were no procedures to enforce duty of notification, or remedies for failure, thus court has no authority to provide relief People v. Culbertson (1984) D convicted of battery, sentenced without notice to victims, people and victim petition that court sentenced on wrong assumption that victim did not want to attend sentencing Court held that there were no procedures to enforce duty of notification, or remedies for failure, thus court has no authority to provide relief

9. Victim Defined 28(e) A “victim” is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission of a crime or delinquent act. . . . also includes person’s spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated . . . does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim. Victim previously in the Penal Code 679.01 meant “person against whom a crime had been committed.” Defining a person as not a victim if they are in custody is curious, PD says this violates equal protectionVictim previously in the Penal Code 679.01 meant “person against whom a crime had been committed.” Defining a person as not a victim if they are in custody is curious, PD says this violates equal protection

10. VICTIM’S BILL OF RIGHTS Section 28(a) says that these rights are a subject of grave statewide concernSection 28(a) says that these rights are a subject of grave statewide concern

11. To be treated with fairness and respect for his/her privacy and dignity, and to be free from intimidation, harassment and abuse throughout the criminal or juvenile justice process. Section 28(a)(2) “that crime victims are treated with respect and dignity, is a matter of high public importance.”Section 28(a)(2) “that crime victims are treated with respect and dignity, is a matter of high public importance.”

13. (2) To be reasonably protected from the defendant and persons acting on behalf of the defendant

15. (3) To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant

16. Note Cal Const Article I, Section 12, requires bail except for certain circumstances, one of which is if substantial likelihood threat to another would be carried out, or if substantial likelihood if released would result in gbi to another.Note Cal Const Article I, Section 12, requires bail except for certain circumstances, one of which is if substantial likelihood threat to another would be carried out, or if substantial likelihood if released would result in gbi to another.

18. To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family, or which disclose confidential communications made in course of medical and counseling treatment, or which are otherwise privileged or confidential by law.

19. Note also 352.1, exclusion of sexual assault victim’s current address and phone at hearing, with notice to Defendant and attorney, contains provision “nothing in this section shall abridge or limit the defendant’s right to discover or investigate the information.”Note also 352.1, exclusion of sexual assault victim’s current address and phone at hearing, with notice to Defendant and attorney, contains provision “nothing in this section shall abridge or limit the defendant’s right to discover or investigate the information.”

21. IMPLEMENTATION Discovery Issues and Victim Information DA will continue discovery as we have been, until directed otherwise If we are notified that a victim seeks to prevent information to the defense, we should withhold, notify defense ASAP and address issue in court If we issue an SDT involving victim confidential information, (i.e. medical, financial, psychiatric, etc.) we should notice the victim Protecting Victim Information on Restraining Orders: DOB on face sheet only; request to seal

22. (5) To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.

24. (6) To reasonable notice of an to reasonably confer with the prosecuting agency, upon request, regarding the arrest of the defendant, the charges filed, and the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.

25. Previously limited to felonies, 679.02(a)(12)(A) Note 679(a)(12) also states that notification not possible, should be done as soon as possible, also stated that nothing in paragraph is not intended to affect the right of people and defendant to an expeditious disposition as provided under 1050.Previously limited to felonies, 679.02(a)(12)(A) Note 679(a)(12) also states that notification not possible, should be done as soon as possible, also stated that nothing in paragraph is not intended to affect the right of people and defendant to an expeditious disposition as provided under 1050.

26. (7) To reasonable notice of all public proceedings, including juvenile delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present; and to notice of all parole or other post-conviction release proceedings; and to be present at all such proceedings.

27. Includes misdemeanors Includes misdemeanors

29. (8) To be heard, upon request, at any proceeding, including a juvenile delinquency proceeding, involving a post-arrest release decision, a plea, sentencing, a post-conviction release decision, or any proceeding in which a right of the victim is at issue.

30. Emphasize any person harmed by defendant at sentencingEmphasize any person harmed by defendant at sentencing

31. (9) To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.

33. (10) To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family, and any sentencing recommendations, before the sentencing of the defendant. Queston for another day – how does our waiving probation report affect this right, or the exercise of this right?Queston for another day – how does our waiving probation report affect this right, or the exercise of this right?

34. (11) To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.

36. (12) To be informed, upon request, of the conviction, sentence, place and time of incarceration or other disposition of the defendant, the scheduled release date of the defendant, and the escape by the defendant from custody.

37. Also various notifications required by DOC when violent felons to be released 3058.6 and .8, stalkers 3058.61, and crimes against minors within family 3058.65, sex offenses against minors 3058.9Also various notifications required by DOC when violent felons to be released 3058.6 and .8, stalkers 3058.61, and crimes against minors within family 3058.65, sex offenses against minors 3058.9

38. (13) To restitution. (A) it is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. (B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss. (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.

39. DDA Informing Victim’s of Civil Remedies – is it proper? Attorney General Opinion 1976-40; information regarding civil remedies properly can be provided to a crime victim in response to an inquiry, and may volunteer information absent improper motives Existing victim right per 679.02(a)(8) to be provided with information regarding civil recovery and opportunity to be compensated from restitution fund Can’t do it for publicity, to harrass or injure criminalDDA Informing Victim’s of Civil Remedies – is it proper? Attorney General Opinion 1976-40; information regarding civil remedies properly can be provided to a crime victim in response to an inquiry, and may volunteer information absent improper motives Existing victim right per 679.02(a)(8) to be provided with information regarding civil recovery and opportunity to be compensated from restitution fund Can’t do it for publicity, to harrass or injure criminal

40. (14) To the prompt return of property when no longer needed as evidence.

42. (15) To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority, and to be notified, upon request, of the parole or other release of the offender.

43. (16) To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.

44. Section (f)(6) states that current process for parole is excessive, especially in cases where defendant convicted of murder. The parole hearing process must be reformed for the benefit of crime victims.Section (f)(6) states that current process for parole is excessive, especially in cases where defendant convicted of murder. The parole hearing process must be reformed for the benefit of crime victims.

45. (17) To be informed of all 16 of the above rights. Focus on Constitutional Rights required notification Not applicable to statutory rights 679.02(b) requires education materials to be available, and 679.08 deals with a Victim’s Rights Card that may be provided to victimsFocus on Constitutional Rights required notification Not applicable to statutory rights 679.02(b) requires education materials to be available, and 679.08 deals with a Victim’s Rights Card that may be provided to victims

47. IMPLEMENTATION Informing Victims of Rights Law enforcement and DA’s Office must provide or make available a Marsy Rights card If funding available and AG approved, shall provide and make available a pamphlet or video The VSU immediately send out information on Marsy Right Card in their initial mailer to victim All Units will send out Marsy Rights form with restitution mailing DDAs are encouraged to request decline letters be sent to victims, at the discretion of the handling DDA. Placer DA’s Office website inclusion of VBR

49. Further Discussion Contact Implementation Committee Garen Horst, Charlotte Baillie, Todd Kuhnen 916-543-8000 Communication with VSU Staff

  • Login